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Terms & Conditions for Advertisements in the Export/Import Update (“The Daily Bugle”)
1. Acceptance of Terms & Conditions (“T&Cs”)
Placing an order or request for advertising in the Daily Bugle constitutes acceptance of the T&Cs by the advertiser, also referred to in this document as “You” or “Yours.”
2. Placing an Order
All advertisements must comply with FCC’s requirements. Acceptance occurs upon written confirmation by FCC that your advertisement will be included in the Daily Bugle. FCC reserves the right to decline to publish or to suspend publication of any advertisements submitted to it.
FCC can, when requested, provide design capabilities for an advertisement in conjunction with a third party. If advertiser wants to make use of FCC’s design services, advertiser will enter into a separate contract with the third party advertisement designer. FCC will not be part of this separate engagement.
3. Fulfilling your Order
FCC will use reasonable efforts to comply with your requirements regarding the date of insertion, the text, font, color reproduction, and the position within the publication. FCC reserves the right to alter the circulation or distribution of the publication any time without prior written notice to you. If copy and copy instructions including draft layouts are not received by the stipulated time, FCC cannot supply proofs or make corrections, and FCC reserves the right to repeat the most appropriate copy.
It is Advertiser’s responsibility to check the correctness of the advertisement proof (and of each insertion of the advertisement if more than one). FCC assumes no responsibility for an error in an advertisement ordered for more than one insertion unless FCC is notified of the error before the deadline for the insertion.
4. Advertiser’s Obligations
Any information supplied in connection with the advertisement must be accurate, complete, and true. You are responsible for ensuring that your advertising materials are supplied in a timely manner, in which respect the applicable deadline is the closing date for the supply of advertising materials on which the parties agreed at the time of the placement assignment.
Advertiser will fully indemnify FCC in respect of any claims, costs, proceedings, demands, losses, damages, expenses, or libility howsoever arising, directly or indirectly as a result of any breach or any performance of any of the representatives’ warranties or other terms contained herein or implied by law.
5. Advertising Rates and Payment
Payments due for the advertisement (including any associated charges shown on the relevant invoice) are unless otherwise stated, include Sales Tax (which will be added if applicable at the prevailing rate) and are due before publication. Make payments via our website after your order has been accepted, and you will receive payment instructions via email. The amount that you will be required to remit to us will be calculated as follows: rate card or list price less any agreed discount; plus costs for designing an advertisement (if applicable); plus Sales Tax to be added at the prevailing rate.
Time due for payment shall be no later than the payment date shown on our invoice to you (which may change from time to time). Revisions to invoice payment dates will be included on your invoices, so you must check each invoice. Payment must be received by us via our PayPal account or into our bank account by the specified date. Should you or your bank fail to make payment within the time specified above, we may impose an administrative charge of €20 per 15 days thereafter up to a maximum cap of €40 for debts under €1000 and €70 for debts over €1000 per advertisement. We may charge you one percent interest per month on accounts that are overdue by more than a month. Any such additional charges will be invoiced and payment of new invoices shall be due as specified in the invoice.
Questioning or disputing a charge in a statement or invoice that includes multiple charges does not entitle you to withhold payment of any other charges, but we will not charge interest on charges questioned in good faith. We reserve the right to withdraw credit arrangements at any time.
FCC is entitled to revise these T&Cs upon informing you of the revision. We reserve the right to increase advertisement rates at any time or to amend the terms of the contract regarding space or the frequency of insertions. Advertiser has the option of not placing any further orders. Existing accepted advertising orders are subject to the agreed terms.
6. Cancelling or Amending Orders
Display of advertisements may be cancelled without liability for payment if we receive notice in writing or by email (email@example.com) no less than three days before the scheduled publication date. Amendments to advertising must be received by FCC in writing by email (firstname.lastname@example.org) at least 24 hours before scheduled publication, or the submitted advertisement will be published and you will be liable for payment. If you cancel the balance of your advertisement contract you relinquish any right to any discount to which it was previously entitled and advertisements will be paid for at the appropriate rate.
7. FCC’s Liability
Advertisers shall indemnify FCC and third parties working for FCC against claims that arise in connection with advertisements. FCC’s liability for damages that result from a failure to place advertisements correctly will not exceed the amount paid for the advertising. FCC is not liable for any indirect or consequential damages.
8. Relationship with other clients
FCC provides services to other clients, some of whom may be in competition with you or have interests that conflict with yours. FCC will not be prevented or restricted from providing such services to other clients.
9. Regulation of this Agreement
Neither party will be liable to the other for delay or failure to fulfill obligations under these T&Cs for delay or failures caused causes beyond their control. You may not assign any rights or obligations under this agreement without our prior written consent.
10. Governing Law
These T&Cs shall be governed by the laws of the Netherlands. The Courts of the Netherlands have exclusive jurisdiction in relation to any claim or dispute arising under these T&Cs.